New clarifications from the Ministry of Environment and Energy on the division of horizontal properties without change of use

The General Secretariat for Spatial Planning and Urban Environment of the Ministry of Environment and Energy issued clarifications regarding the division of horizontal properties without change of use.

The relevant document states the following:

Subject: Regarding the division of horizontal properties without change of use

In response to questions from services and agencies regarding the requirement to secure parking spaces in cases of horizontal property division, without changing their use, we clarify the following:

Given that the division does not constitute either an addition to the building or a change of use, in buildings for which the building permit was issued under provisions that were in force prior to the implementation of Law 960/1979 (Government Gazette 194 A), the provisions of Article 3 thereof and Article 2 of Presidential Decree 111/04 do not apply and, therefore, parking spaces are not required. For the remaining cases where there was an obligation to secure parking spaces in accordance with Law 960/1979, if horizontal property is divided, the spaces required by the applicable legislation must be secured.

We further clarify that, in any case, the work required for the separation of horizontal properties falls under case (i) of paragraph 2 of Article 29 of Law 4495/17, as applicable. If there is an obligation to secure new parking spaces, in addition to the supporting documents provided for in paragraph (i) of Article 2 of No. YPEN/DAOKA/ 69701/4461 Y.A., a notarial declaration under Law 1221/1981 and its transcription shall be submitted in addition.

THE SECRETARY GENERAL FOR SPATIAL PLANNING & URBAN ENVIRONMENT

Eirini KLAMBATSIA